The Trade in Animals and Related Products (Scotland) Regulations 2012

Enforcement

27.—(1) At a border inspection post these Regulations are enforced—

(a) in relation to animals by the Scottish Ministers; and

(b) in relation to products by the local authority.

(2) Outside a border inspection post, these Regulations are enforced—

(a) in relation to animals by the local authority;

(b) in relation to products—

(i) except where head (ii) applies, by the local authority; or

(ii) by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Scotland) Regulations 2006(1).

(3) In addition, in relation to products, these Regulations are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under Articles 37 and 38 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.

(4) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that the Scottish Ministers will discharge any duty imposed on a local authority under this regulation.

(5) The Scottish Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (4).

(6) An officer of an enforcement authority who, when exercising any statutory function, discovers at any place under customs supervision a consignment or product which the officer reasonably suspects has been brought into Scotland—

(a) in breach of these Regulations; or

(b) from a third country and presents a risk to animal or public health,

must notify a general customs official and detain the consignment or product until such officer takes charge of it.

(1)

S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.